Terms and Conditions -
General Terms and Conditions
Last edited: August 26, 2023
1. Scope and subject matter of the contract
1.1. These contractual conditions apply to the use of the software offered by EINO World GmbH, Hansestrasse 21, 18182 Bentwisch, Germany (hereinafter “EINO”), on the websites eino.world, einoworld.com and fragdasei.de (hereinafter “websites”).
1.2. The software is operated by EINO as a web-based SaaS or cloud solution. You are allowed to use the software stored and running on the servers of EINO or a service provider commissioned by EINO via an Internet connection for your own purposes during the term of this contract and to save and process your data with the help of the software.
1.3. These contractual conditions apply both to entrepreneurs in accordance with Section 14 of the German Civil Code (BGB) and to consumers in accordance with Section 13 of the German Civil Code (BGB). A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. To the extent that this is expressly pointed out below (e.g. in bold), individual provisions of these contractual conditions do not apply to consumers or only in a modified form. The validity of these contractual conditions for both entrepreneurs and consumers remains unaffected. EINO’s offering is not aimed directly at children who have not yet reached the age of sixteen. In this respect, we assume that children only use our software with the consent and under the guidance of their legal guardian.
1.4. These contractual conditions apply exclusively. Your contractual terms and conditions do not apply. Counter-confirmations from you with reference to your own terms and conditions are expressly rejected.
1.5. By placing your order or by logging in/registering as a user on one of our websites, you agree to these contractual terms and conditions in the version valid at the time the contract is concluded.
1.6. These contractual conditions also apply to future contractual relationships.
1.7. You can access, print out, download and save these contractual conditions at any time, even after the contract has been concluded, on one of our websites using the “Terms and Conditions” link.
2. Cancellation policy (only for consumers)
2.1. Right of withdrawal
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The period for revocation begins on the day the contract is concluded; We expressly point out the regulations on the exclusion of the right of withdrawal for digital content – see section 2.3 below. To meet the cancellation deadline, it is sufficient to send a clear declaration of your decision to cancel this contract in a timely manner to EINO World GmbH, Hansestrasse 21 in 18182 Bentwisch, Germany. You can also make this declaration using the contact form available on any of our websites or by email or telephone. You can find our telephone number and email address in the legal notice on each of our websites.
2.2. Consequences of revocation
In the event of an effective revocation of a paid version, the services received by both parties must be returned immediately, but no later than within 14 days, and any benefits derived (e.g. interest) must be returned. If you are unable to return the services you have received, or cannot return them to EINO in part, or only in a deteriorated condition, you may have to pay EINO compensation for the value. You must fulfill your obligations to reimburse payments within 30 days of sending your cancellation notice.
2.3. Early expiry of the right of withdrawal
In the case of a contract for the delivery of digital content that is not on a physical data carrier, your right of cancellation expires when we have started to execute the contract after you have expressly agreed that we start to execute the contract before the cancellation period expires and you have confirmed your knowledge that by agreeing to this, you will lose your right of withdrawal from the start of execution of the contract.
3. Online dispute resolution for consumers
For our customers who are consumers, the European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr/ . You can find our email address in our legal notice. We are neither obliged nor willing to take part in the dispute resolution process.
4. Registration, assurances upon registration, conclusion of contract
4.1. To use our services, you must first register on one of the EINO websites. You are only allowed to register once and create only one user profile. You may not use pseudonyms or stage names.
4.2. With your complete registration, you are making an offer to conclude a user agreement for the specified number of users (licenses) and you guarantee that all the data you provided during registration is true and complete. You are obliged to notify us of any changes to your registration data immediately.
4.3. EINO accepts this offer by activating the user account for the services. This acceptance creates a contract between you and us.
4.4. If and to the extent that you provide personal data (e.g. personalized email addresses) to one or more users during registration in order to obtain the desired number of licenses, you expressly agree to comply with our Terms and Conditions in addition to these Terms and Conditions To conclude a standard contract for order processing in accordance with Article 28 Paragraph 3 of the European General Data Protection Regulation (“GDPR”). This is available after user login on the EINO website under “Order processing” and becomes part of the contract.
4.5. “User” is any natural person who is authorized to use the software in accordance with these General Terms and Conditions. Only those people who are in an employment, employment or training relationship with you at the time the contract is concluded are eligible. Direct or indirect use by other people is not permitted. You warrant that you have obliged every user to comply with these General Terms and Conditions and in this respect you release EINO from all claims.
4.6. You are obliged to keep the password you chose during registration and the other access data secret and to ensure that any employees who are provided with access data also do the same. EINO will not share your password with third parties and will not ask you for your password at any time outside of the software.
4.7. By presenting and advertising products and services on our websites, we do not make a binding offer to sell specific products or services.
5. Prices and payment terms
5.1. EINO offers registered users two usage options:
- A permanently free basic version with one user, 15 GB cloud storage and access to 95% of all functions (partially limited)
- An individually configurable, paid version for the need for additional users or more cloud storage and / or unlimited use of the functions (add-ons)
5.2. Details about the fees for the individual paid versions are regulated on the EINO website in the “Prices” section. The prices stated there are binding and do not include the applicable statutory VAT. Every fee is due for payment immediately upon conclusion of the contract for the entire selected term.
5.3. You can pay using the online payment methods offered on the website. If a fee cannot be collected, you will bear all resulting costs, in particular bank fees in connection with the return of direct debits and comparable fees, to the extent that you are responsible for the event that triggers the costs.
5.4. EINO will send you the invoice for the fees paid by email.
5.5. Any use of the services and content offered on the EINO websites, with the exception of the options provided by EINO, requires the prior written consent of EINO. This applies in particular to different payment methods.
6. Type and scope of the service
6.1. EINO makes the software available for you to use in its most current version at the router exit of the data center in which the server with the software is located (“transfer point”). The software, the computing power required for use and the required storage and data processing space are provided by EINO. However, EINO is not responsible for establishing and maintaining the data connection between your IT systems and the described transfer point.
6.2. To the extent that the software runs exclusively on the servers of EINO or a service provider commissioned by EINO, you do not need any copyright rights to use the software, and no such rights are granted to you. However, for the duration of the contract, EINO grants you the non-exclusive, non-transferable right, limited to the duration of the usage contract, to load the user interface of the software for display on the screen into the RAM of the end devices used for this purpose in accordance with the contract and the resulting costs Make copies of the user interface.
6.3. The contractually agreed service may not be made available to third parties unless this has been expressly agreed by the parties.
7. Availability of the Software
7.1. EINO draws your attention to the fact that restrictions or impairments in the services provided may arise that are beyond EINO’s control. This includes, in particular, actions by third parties who do not act on behalf of EINO, technical conditions of the Internet that EINO cannot influence, and force majeure. The hardware, software and technical infrastructure you use can also have an impact on the services. To the extent that such circumstances influence the availability or functionality of the service provided by EINO, this has no effect on the contractual conformity of the service provided.
7.2. You are obliged to report any functional failures, malfunctions or impairments of the software to EINO immediately and as precisely as possible. If you fail to cooperate, Section 536c of the German Civil Code (BGB) applies accordingly.
7.3. EINO reserves the right to change the services offered on its websites at any time and without prior notice or to offer different services, unless this is unreasonable for the users.
7.4. If the insolvency of EINO World GmbH becomes irreversible or if there are signs of serious failures at one of EINO’s technical infrastructure cooperation partners, you as an EINO customer will be informed immediately via email. This procedure is intended to ensure, in the very unlikely but theoretically possible case, that there is sufficient time to back up your data – if necessary even unscheduled – using the export function on your own.
8. Obligations of you as a user
8.1. To use the software, you must meet the system requirements stated in the product description; You bear the responsibility for this yourself.
8.2. The proper and regular additional backup of your data is your sole responsibility. This also applies to documents provided by EINO in the course of contract processing (e.g. invoices). There is a corresponding function available for exporting your own data.
8.3. As soon as you provide EINO with content (e.g. images, documents, brands and other content protected by copyright or trademark law, etc.), you grant EINO all the rights necessary to implement this contractual agreement to store it digitally and make it available. This includes in particular the right to use the technical environment of our cloud infrastructure partner based in Germany for this purpose. In this respect, you assure that you have all necessary rights to the materials provided in order to grant EINO the corresponding rights.
8.4. You are obliged to comply with applicable laws and the rights of third parties when using the content and services on the EINO websites. In particular, you are prohibited from storing pornographic content or content that violates youth protection laws on our servers or from advertising or offering pornographic products or products that violate youth protection laws within the EINO infrastructure.
The same applies to content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being authorized to do so.
8.5. You are also prohibited from doing the following:
- Use of mechanisms, software or scripts in connection with the use of the EINO websites. However, you may use the interfaces or software that are made available to you as part of the services offered on our websites.
- Dissemination and public reproduction of content from the EINO websites or from other users.
- Any action that is likely to impair the functionality of the EINO infrastructure, in particular to place an excessive load on it.
8.6. If the content you have posted or your use of the services violates the rights of third parties or legal requirements, you will immediately stop the non-contractual and/or illegal use.
8.7. You release EINO from all claims, including claims for damages, that other users or other third parties assert against EINO due to an infringement of their rights by the content you have posted. You also release EINO from all claims, including claims for damages, that other users or other third parties assert against EINO due to the violation of their rights through your use of the services. You shall bear all reasonable costs incurred by us as a result of any infringement of third party rights, including reasonable costs incurred for legal defense. All further rights and claims for damages of EINO remain unaffected.
9. Data protection, right to data processing, data backup
9.1. The personal data you provide during registration will only be collected, stored, processed and used by EINO to the extent that this is necessary for the fulfillment of the contractual obligations, in particular for the provision and use of the services offered, or if you have consented to their use have.
9.2. EINO is committed to complying with the relevant data protection regulations. Reference is also made to the data protection declaration, which can be accessed from every EINO website.
9.3. With regard to the data you store on the storage space provided, you are responsible for compliance with the provisions of the Federal Data Protection Act, the European General Data Protection Regulation (GDPR) and, if applicable, other relevant data protection laws. If and to the extent that you process (e.g. store) personal data of third parties on the IT systems for which EINO is technically responsible, it is solely your responsibility to ensure the basis necessary for the lawfulness of this processing (e.g. consent) in accordance with Art. 6 GDPR place. In addition, in these cases, a contract for order processing must be concluded between you and EINO (see Art. 28 Para. 3 GDPR). In the event that you process personal data of third parties using the services offered by EINO, you therefore undertake to inform EINO immediately and to conclude the standard contract for order processing available on EINO’s websites under “Order processing” with EINO. The processing of special categories of personal data within the meaning of Art. 9 GDPR (e.g. medical data) with the software is strictly prohibited.
10. Responsibility for content, data and/or information of users
10.1. EINO assumes no responsibility or liability for the content, data and/or information provided by users of the EINO websites or for content on linked external websites. In particular, EINO does not guarantee that this content is true, fulfills a specific purpose or can serve such a purpose.
10.2. If you notice any use of EINO’s websites that violates the law or contract (including the use of pseudonyms or deceptive identities), we ask you to let us know using the contact form available on the website.
11. Customer Service and Support
11.1. As the owner and administrator, after logging in by accessing the customer profile, you have transparent insight and access to your subscription (including all booked add-ons) as well as your associated invoices.
11.2. You can easily trigger both feedback and requests for help via the integrated EINO ticket system using the help function that is visually highlighted in the user interface. A ticket is the fastest way to receive support from the EINO support team. You can view all responses and updates to your request in the tickets section of your account. You will also be informed of all progress via email.
11.3. Finally, 24/7 chat is also available. You can use this to quickly get answers to general questions about EINO and ask for details about how functions work.
12. Warranty
The legal regulations regarding warranties in rental agreements generally apply. Sections 536b BGB (tenant’s knowledge of the defect upon conclusion of the contract or acceptance), 536c BGB (defects occurring during the rental period; notification of defects by the tenant) apply. However, the application of Section 536a Paragraph 2 BGB (tenant’s right to self-removal) is excluded. The application of Section 536a Paragraph 1 of the German Civil Code (the landlord’s obligation to pay compensation) is also excluded if the standard provides for liability regardless of fault.
13. Liability of EINO
13.1. EINO is liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
13.2. In other cases, EINO is liable – unless otherwise stipulated in 13.3 – only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to Compensation for foreseeable and typical damage. In all other cases, EINO’s liability is excluded – subject to the provision in 13.3.
13.3. EINO’s liability for damages resulting from injury to life, body or health and under the Product Liability Act as well as when a guarantee is given remains unaffected by the above liability limitations and exclusions.
13.4. If you suffer damage resulting from the loss of data, EINO is not liable for this if the damage could have been avoided by regularly and completely backing up all relevant data. You will carry out regular and complete data backups yourself or have them carried out by a third party and are solely responsible for this.
14. Termination of the contract, repayment of fees paid in advance, account deletion and account “freeze”
14.1. You can request the deletion of your EINO account at any time. This can be done via the EINO internal area or via email. In the latter case, the cancellation/deletion request must be sent from exactly the email account with which the account was created. When deleting the account, a distinction is made as to whether:
a) an immediate deletion should be initiated (countdown of 72 hours per click) or
b) the deletion should take place automatically after the paid services have expired (countdown of 72 hours after the paid service has expired ).
In case a, you also confirm that you waive any existing claims to benefits (e.g. through add-ons paid in advance). Within 72 hours you will be
informed several times via email about how to back up the data from your account
14.2. The right of both parties to terminate the contract for good cause remains unaffected. An important reason for termination by EINO exists in particular if the continuation of the contractual relationship until the end of the statutory notice period is unreasonable for EINO, taking into account all the circumstances of the individual case and weighing up the interests of both parties. The following events are particularly important reasons:
- Non-payment of paid EINO services booked by you (direct debit or credit card debit does not work)
- your failure to comply with legal requirements;
- a breach of contractual obligations, in particular from sections 3, 6 and 7.3 of these contractual conditions;
- The reputation of the services offered by EINO will not only be significantly affected by you;
- They promote associations, communities, methods or activities that are monitored by security or child protection authorities;
- You harm one or more other users;
- You are a member of a sect or a controversial religious community.
14.3. If there is good cause, EINO can also impose the following sanctions against you, regardless of termination:
- Deletion of content that you have posted on the EINO marketplace for other EINO users to download;
- issuing a warning;
- (temporary) blocking of access to the services offered by EINO.
14.4. If the contract is terminated or access is blocked in accordance with this section, you will no longer be entitled to a refund of any fees paid in advance.
14.5. After confirmation of cancellation/deletion by EINO, you have the following in accordance with 14..1. The period mentioned above still has access to all functions in order to export your data if necessary.
14.6. To protect valuable resources, EINO deletes free user accounts if they are found to be completely inactive for 60 consecutive days. This account deletion
will be announced to you via email in advance after 40, 50 and 59 days of inactivity. This gives you adequate time to save the contents of the account using the export function if necessary. EINO will keep the account safe for another 30 days afterwards. If you wish to reactivate your account for the first time within this period (after the 60 days have elapsed), EINO can do this by paying a one-off fee.
14.7. If the deletion involves an account to which other EINO users were invited and connected (see user management), these users will be informed about the upcoming process. At the time of shutdown, the connections between the respective invited user and the inviting account are then severed. Any impacts associated with this process are not the responsibility of EINO.
14.8. If it occurs in the course of the 14.7. If the deletion described is an account with paid functions, these functions are no longer available to a previously invited and now isolated account. These can then be added back to your own account at EINO at any time under your own responsibility.
14.9. EINO offers a so-called “Freeze” service. This allows you to “freeze” an EINO account – whether free or paid – for a maximum period of 1 year. If there are impending or planned long offline periods, you can prevent the deletion of your account or minimize the running costs of your account and ensure that the data continues to exist. Within this requirement, a corresponding message will be displayed after login – always with the option of authorizingly lifting the “freeze”. The fees for such a service may vary and will therefore only be provided upon request to the support team.
15. External Services
15.1. YouTube, Vimeo, Loom… EINO can integrate videos that are on
- youtube.com can be saved. YouTube is a platform offered by
YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA, a
company affiliated with Google. - vimeo.com can be saved. Vimeo is a video portal
owned by the US company Vimeo LLC, based in Manhattan (330 West
34th Street, 5th Floor, New York, New York 10001). - loom.com. Loom is a video portal from the US company Loom Inc. based in San Francisco
Their videos can also be played within the EINO services. EINO can also store URLs of any website.
15.2. Exclusion …
Please note that it is not in our control how and for how long YouTube (and therefore Google), Vimeo or any other websites accessible via the Internet retain this data. Further information regarding the purpose and scope of data collection and processing can be found on the respective web services (e.g. https://policies.google.com/?hl=de ). You have the right to object to the processing of your personal data – however, you must address the objection to the respective platform or website (e.g. YouTube and Google).
If you visit one of our websites with an embedded YouTube video, YouTube may receive information about the specific website you are currently visiting. Your personal data will be transmitted to YouTube. Such transfer takes place regardless of whether you are logged into your YouTube account or whether you do not have a corresponding account at all. If you have logged in to your YouTube account, your personal data will be assigned to your YouTube profile. If you do not want your personal information to be associated with your profile, you should log out of your YouTube account before
activating a YouTube video. YouTube and Google use this data for advertising, market research and/or needs-based design of their website.
16. Final provisions
16.1. Changes and additions to these contractual conditions must be made in writing. This applies in particular to a waiver of this written form clause.
16.2. Should individual provisions of these contractual terms and conditions be or become ineffective, the effectiveness of the remaining provisions will not be affected. The parties undertake to replace the invalid provision with one that comes closest to the economic intent of the invalid provision in a legally permissible manner. The same applies to gaps in the agreement.
16.3. EINO reserves the right to change these contractual conditions at any time without giving reasons, unless this is unreasonable for you. We will notify you in a timely manner of any changes to these terms and conditions. If you do not object to the validity of the new contractual conditions within 14 days of notification, you will be deemed to have accepted the changed contractual conditions. In the notification we will inform you of your right to object and the importance of the objection period.
16.4. Unless otherwise agreed, you can send all declarations to EINO by email, using the contact form available on any of our websites, or by letter. EINO, for its part, may send statements to you by email or letter to the addresses that you have provided as current contact information in your user account.
16.5. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another country at the time the contract is concluded, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
16.6. If you are a businessman, the exclusive place of jurisdiction is Rostock. Otherwise, the applicable legal provisions apply to local and international jurisdiction.